BITHIN SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed by the writ petitioner on 31st March, 2009, essentially seeking employment on compassionate ground. He claims to be the son of a deceased primary school teacher who died-in-harness on 9th November, 1994. It has been stated in the writ petition that when the writ petitioner's mother (who happened to be a primary school teacher) died in the year 1994, he was not in a position to make any application for appointment on compassionate ground, since at that point of time he was a minor and attained majority only in the year 2005. It has also been stated that he had earlier filed a writ petition before this Court in the year 2008, which was disposed of by another learned Single Bench of this Court with a direction upon the Chairman of the District Primary School Council, Purba Medinipur (hereinafter referred to as the 'Council'), to take a decision in respect of the writ petitioner's application for appointment on compassionate ground. Pursuant thereto, by a memo dated 18th November, 2008, the Chairman of the concerned Council passed a reasoned order and held, inter alia, that the writ petitioner was not entitled to get benefit of appointment on compassionate ground and, as such, rejected the claim of the petitioner to that effect.

(2.) It is this order of the Chairman of the Council dated 18th November, 2008, which is now sought to be challenged before this Court in the present writ proceedings.

(3.) It has been contended by the learned advocate for the petitioner relying on two judgments, one by the Hon'ble Supreme Court and another by our High Court, that in the facts and circumstances of the case, the writ petitioner has a right under law to get compassionate appointment.